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What is a Critical Needs Restricted License?

1

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            In the content of a DUI, vandalism, possession of hashish, and other cases involving the suspension of one's driver's license, we often hear clients comment, "If they suspend my license, I will lose my job."  Other times, the client says their license is vital to transporting a sick parent to a doctor.

            The likely response by a prosecutor to such a consequence is, "well, you should have thought about that before you started drinking" or something similarly sarcastic.

            The client facing such hardships or collateral effects is not always without recourse. Under Vehicle Code § § 13353.8 (anyone) and 13202.5(c) (in the case of a person under 21), a California driver's license holder can petition the DMV to issue a restricted license in lieu of suspension based on a "critical need" to drive.  This restricted license can be based upon three basic grounds in general – school, medical needs or employment.  More specifically, they are:

1)      School or other public transportation options are inadequate for regular attendance at school and other activities authorized by the school.  This application requires a signature by the school principle verifying such facts.  The DMV may then issue a restricted license or even a junior permit allowing restricted driving privileges to and from school and school activities only.

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2)      City or county transportation options are inadequate and operation of a vehicle is necessary due to the illness of a family member.  The applicationneeds to be signed by a physician familiar with the illness and should provide a diagnosis, as well as an estimated date when the need for emergency transportation will end.

3)      Public transportation is inadequate and the individual needs use of amotor vehicle to travel to and from employment, the pay from which is essential to providing food, clothing and shelter.  Essential in this context means that the pay from work must constitute a substantial portion for an individual's or the family's basic life necessities.

            In our experience, when applying for such a "critical needs" restricted license, it is smart to "go all out."  We recommend printing out a current public bus transportation route map to show the DMV that the public bus stop nearest one's home is far away.  It is also best to show that other members of the household, by name and date of birth, do not have a valid driver's license. 

            We also recommend presenting the judge handling the case a declaration explaining why such a license is necessary and asking for the court to find that the need to drive of our client is a "critical need."  We then present this to the DMV to help our client's application.  In some cases, this request can prevent the court from notifying the DMV that a suspension is in order.

            If the court does notify the DMV of the conviction, an actual thirty day suspension must usually be served prior to issuance of a restricted license.  If the DMV approves such a restricted license, a $125 license reissue fee must be paid and proof of insurance must be shown.

Drinking and Driving and Choosing a Lawyer in Michigan

Posted: May 10, 2012 |Comments: 0 |

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If you recently received an underage drinking or driving while intoxicated charge after refusing a breath test or you are currently awaiting your trial and wondering what your next step should be, it is important that you examine all of your options before choosing the lawyer that is right for you.

The first thing to keep in mind is that refusing a breath test is not necessarily a bad thing. However, you need to be especially careful with the next steps that you decide to take. What you will want to do before thinking about anything else is to file a petition with at your local Secretary of State (SOS) office. As you are completing this step, you should be making sure that your lawyer is carrying out an investigation on both ends of the blood evidence (which is more than likely be in the possession of the police).

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In order to have the best chance at achieving the result you desire, you need to start from the moment you were stopped, and think through each and every detail from that point on. Consider why the officer detained you and where the evidence came from. You will then want to turn to the evidence at the lab.

During this step, some questions to consider include whether or not they even have the right to analyze your blood and could contamination have been present during any step of the collection, handling, or analysis process.

In Michigan, there is no PhD level supervisor at the forensic sciences division of the Michigan State Police Lab. By promotiing under-qualified persons to step into positions where they have a high potential of becoming seriously dangerous, the forensic science personel often create issues when it comes to testifying on the witness stand. As a result, questions arise that relate as to whether or not evidence is being analyzed correctly among other questions.

With a lawyer who knows your situation and your case, these questions can be answered in your favor. When you are choosing a lawyer for an alcohol-related case, keep in mind the importance of the physiology as well as the analysis and the processes that they relate to can have on your case. Be sure that your MIP lawyer or DUI attorney is experienced in your situation.

Halfway' Diner Gets Renovated and Expanded

Posted: May 15, 2012 |Comments: 0 |

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‘Halfway' Restaurant Diner Gets Renovated and Expanded

Napthens solicitors firm, a company based in the Lancashire district has given expert advice to a regional restaurant group regarding the renovation of a renowned venue situated centrally between the cities of Blackburn and Preston.

The prior Halfway House is opposite the Samlesbury Hall on Preston New Road and is being renovated which will include the creation of a new two storey development, along with a new room with an innovative roof terrace for holding functions and the creation of a new bar.

The Quattro's Italian Restaurant Group has ownership of the Preston New Road venue, which was purchased ten years ago and functioned as Quattro's for a large majority of years.

After being hired out for some time and operated as the Halfway House, it is now being renovated by the Quattro's Group. The venue will open up again with the new name - Mezzo, which is Italian for ‘halfway'.

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The venue will have a completely new arrangement with the downstairs containing a total of one hundred and thirty covers. A new bar and washroom facilities will be found to the side of the building within the new two storey development.

The Quattro's Italian Restaurant Group was advised about the property issues by Martin Long, a partner of the Napthens team of Commercial Property Lawyers Lancashire. Malcolm Ireland, the head Leisure andLicensing specialist solicitor at Napthens handled the premises license application.

Martin said: "Mezzo is in a fantastic place for accommodating both the Preston and Blackburn communities and the renovation will completely transform the venue.

 "There is genuine enthusiasm around the new development, and I know there are lots of people that are excited to be having a Quattro's on their doorstep again"

The manager of Mezzo, Robert Atzeni said: "Previous restaurant visitors will not recognise the venue after the renovation. There will be an entirely new arrangement and set up within the venue, with a full makeover and new facilities.

"We are going through a large redevelopment plan and I cannot wait until we get the first clients through the venue doors."

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